Archive for June, 2008

OMAHA, Neb. — Immigration agents said they’ve arrested 44 illegal immigrants during a five-day operation in several Nebraska cities.In Lexington, 25 people were arrested, along with 12 in Grand Island, two in Broken Bow and one each in Cozad, Gibbon, Hastings, Kearney and North Platte.A U.S. Immigration and Customs Enforcement official said arrests were made at homes and businesses in the days leading up to Tuesday.

Of the suspects, 28 were fugitives, meaning they had defied an immigration judge’s final order to leave the country and were targets of the operation. The other 16 were illegal immigrants arrested as agents targeted others.The immigrants are from Nicaragua, Guatemala, Mexico and El Salvador and were being held at county jails throughout Nebraska.

Sometimes you can’t make this stuff up folks!Carlos Lupercio of Lincoln, NE got his 15 seconds of fame the last couple of days as news services all over the U.S. picked up the story.It seems Carlos, 49, and wheel-chair bound got into an argument with a 25 yr. old about the breed of the younger man’s dog on the sidewalk.

The owner said the dog was a pit bull, but Lupercio said it was a lab.Apparently, this pissed off Carlos so bad that he went and got his crossbow pistol to settle the argument.After 20 min. (you can imagine, it taking that long by wheel chair…remember the Tim Conway little old man skit?), he returns to settle the score.

The younger man apparently thought it was time to apologize and extended his hand.That’s when Carlos fired from about 2-3 ft., missed him and hit a tree.

Lupercio was arrested and jailed on suspicion of terroristic threats, use of a weapon to commit a felony, discharging a weapon within city limits, resisting arrest, failure to comply, marijuana possession and possession of drug paraphernalia.

Police say alcohol may have been a factor in the incident.Do you think?

In doing some research for an upcoming post, we ran across this powerful piece “Immigrant – A Lesson in Word Perversion ´written on a blog by Citizen Phil right here in Lincoln, NE.Phil certainly has a way with words.We are going to let you read it for yourself there rather than reprint the entire article here.Since many of our readers are pro-life, while you are there, take a look at Phil’s book Cry for the Shadows.Enjoy!

When NASA first started sending up astronauts, they quickly discovered that ball-point pens would not work in zero gravity. To combat this problem, NASA scientists spent a decade and $12 billion developing a pen that writes in zero gravity, upside-down, on almost any surface including glass and at temperatures ranging from below freezing to over 300 C.

The Russians used a pencil…Your taxes are due again — enjoy paying them.2 – Our Constitution

They keep talking about drafting a Constitution for Iraq . Why don’t we just give them ours? It was written by a lot of really smart guys, it’s worked for over 200 years and we’re not using it anymore.3 – Ten Commandments

The real reason that we can’t have the Ten Commandments in a Courthouse is that you cannot post “Thou Shalt Not Steal”, Thou Shalt Not Commit Adultery” and “Thou Shall Not Lie” in a building full of lawyers, judges and politicians! It creates a hostile work environment.

RUSH: “The Supreme Court” this morning just prior to the program starting “made it easier … for some foreigners who overstay their visas to seek to remain in the United States legally.” The Supreme Court today 5-4, the same bunch that voted the issue last week with Anthony Kennedy writing the opinion, has just green-lighted illegal immigration. “The court ruled 5-4 that someone who is here illegally may withdraw his voluntarily [sic] agreement to depart and continue to try to get approval to remain in the United States,” while still here. “The decision essentially embraced a proposed Justice Department regulation governing the treatment of similar cases in the future. Samson Dada, a Nigerian citizen, stayed beyond the expiration of his tourist visa in 1998. He married an American the following year and soon began trying to obtain a visa as an immediate relative of a citizen. But Dada and his wife apparently failed to submit some documents, causing immigration officials to deny the visa.

“Dada has been trying again to obtain the visa, but immigration authorities meanwhile have ordered him to leave the country. He agreed to leave voluntarily, which would allow him to try sooner to re-enter the country legally than if he had been deported. The court’s task,” and once again, this is the Associated Press, “was to decide whether he could withdraw his voluntary agreement to leave the country and continue to try to adjust his status while in the United States. Immigration authorities recently ruled that Dada had entered a ‘sham’ marriage in order to stay [here], but that finding was not part of the court’s consideration. Justice Kennedy wrote the majority opinion, joined by his four liberal colleagues. The four conservative justices dissented. Justice Antonin Scalia said, ‘The court lacks the authority to impose its chosen remedy.'”

And that’s it in a nutshell. Once again, the Supreme Court of the United States is micromanaging an area left to another branch. In this case, the Constitution explicitly leaves it to Congress to regulate immigration. This is not what judging is supposed to be about. These judges on the left are no more than political hacks now, imposing their own personal policy preferences rather than interpreting the law. It’s been going on a long time. You know, if they want to be politicians then their conduct has been exposed and questioned. It’s the same thing with their attitudes and their motives. This is not what judging is supposed to be about. The Constitution does not countenance this kind of behavior on the part of judges. The court, I doubt that it will be, but it would be great if it became a major focus of the presidential campaign now that it’s out. The problem we hear again, I don’t know. I haven’t heard what Senator McCain said about this, but he probably agrees with it. He came out stridently against the Guantanamo Bay ruling last week, but he probably…

I don’t know, but if he understands this as an encroachment on congressional authority, then he’s got to oppose this. The Supreme Court just told Congress, “You can’t do what you did. We’re going to write the immigration laws, not you.” Now, just last week, the Supreme Court of the United States bestowed constitutional rights to foreign-born terrorists. The ruling last week is a chilling demonstration along with this ruling today of the American divide between conservatives and liberals. Four liberals on the court, aided and abetted by Justice Kennedy, used the Guantanamo Bay case as a power grab. Their decision overturned precedent since our founding that placed the prosecution of war squarely within the executive branch. Naturally, Democrats last week and this week are celebrating the ruling, celebrated amid warnings that it will cost American troops their lives. But this decision, the Guantanamo Bay decision last week and this decision on immigration this morning, both have even broader implications.

Because in short order — in just seven or eight days — the Supreme Court of the United States and its liberal judges have turned American law upside down. And let’s look back further to the past to see just how they’ve also done this. They have stripped voters of free speech rights, limiting production and participation in political debate. The Supreme Court of the United States has stripped homeowners of rights to their own property should politicians decide to seize it for developers. That’s the Kelo decision. And I have a friend who lives in Connecticut. He sent me a note last week, or it might have been the week before last. He said, “Do you know that the property that they seized in Kelo is still undeveloped?” The woman that they kicked off her own property is gone. They took it, seized it, kicked her off. She’s gone. The property is gone. They haven’t done anything to develop it? It’s blank; it’s barren. And yet this was a case where there was a specific developer who was to go in and do specific things that was going to generate more and more tax revenue for this local community and it hasn’t happened, but the woman got kicked off of her property nevertheless.

The Supreme Court of the United States has stripped homeowners of rights to their own property in more ways than just Kelo, by the way. The Supreme Court of the United States has stripped parents of the right to discipline their own kids. The Supreme Court of the United States is in the process of defining the very definition of marriage. They have ruled against legal immigration. They’ve ruled illegal immigrants must be accorded the same protection as citizens, and American taxpayers must support them financially. They have pushed God from the public square. They have used junk science to place the interests of animals above the prosperity of people — and the Supreme Court of the United States has stripped the most sacred protection, the right to life, from infants in the womb. Whatever power that liberals cannot achieve at the ballot box they seize through the courts. This is the change that Barack Obama and his fellow liberals have been waiting for. And the America they are creating and want to create is not the America we know, nor is it an America that most of you will even want to know.

The Border Patrol’sand Justice Department’s Operation Streamline set a new all-time record in March for illegal alien prosecutions according to data received from the Justice Department.The total of 9,350 prosecutions was up almost 50% from the previous month and 73% from the previous year. Even more astounding is the 193% increase over the last five years, which includes Magistrate Court.

The spike in the illegal alien prosecutions of individuals charged with various immigration crimes is principally due to the result of “Operation Streamline.” which “began as a pilot project in December 2005 at Del Rio, Texas within selected districts along the Mexican border.

Even the liberal Texas Civil Rights Review, says “the spurt in the prosecution of individuals charged with various immigration crimes is the result of “Operation Streamline” which is an intensified administration policy where the government has charged a rapidly growing number of undocumented aliens (notice i.e., AP, World-Herald and Lincoln Star-Herald), even Texas liberals don’t say immigrants) with various federal criminal charges, almost all in selected districts along the Mexican border.”

Curious About Operation Streamline?

It began as a pilot project in Del Rio, Texas in December 2005. An article in the Harlingen, TexasValley Morning Star on June 11 reports that this is a “zero-tolerance” deterrence policy and intends “criminal prosecution of every migrant caught crossing the border without documentation.” The Border Patrol rolled out the policy Monday, June 9 along another four-mile stretch of Cameron County’s border with Mexico from Brownsville to Fort Brown. Formerly, first time offenders were offered the option of voluntary deportation and were processed, put on a bus and sent back to Mexico within hours of their arrest.” However, under Operation Streamline they are “detained, sent to court, jailed for up to 180 days if found guilty, and then deported.

Why should anybody in Nebraska care what is happening in Texas?Well, except for the illegal alien immigration enthusiast/whacko, any illegal alien making it across the border is either going to stay in Texas, for example, or move farther north where the job magnets are.They don’t just continue walking to Nebraska. Most are put in vans by human smugglers and transported to Nebraska or elsewhere.From that point, they start sucking the oxygen out of the air (so to speak) of the Nebraska taxpayers and citizens, given aid and comfort by the churches and then the Omaha based Mexican consulate.Bingo….they just won the lottery!

It seems to the Nebraska Observer that this pilot project in Texas is working very well.According to unnamed sources that brought this to our attention, an all-out effort will be made to bring a similar project to Nebraska.

EDITORIAL:

Five idiots just gave the green light to half the illegal aliens in the country this morning! The Supreme Court ruled 5-4 Monday, June 16 that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to get approval to remain in the United States. See AP storyJust for the record AP, Mr. Dada was a “foreign national” when he arrived in the U.S. but when he overstayed his visa, how do you say “illegal alien”.There is a difference!

So this illegal Nigerian alien, Samson Dada, (see it’s not always the illegal Mexican and South Americans aliens) came into the U.S. on a tourist visa and overstayed when it expired in 1998.So ICE has been screwing with him for 10 years?What’s that all about?Then he married an American citizen the following year and began trying to obtain a visa as an immediate relative of a citizen.Oh, by the way, did I mention that it was a “sham” marriage.Dada and his supposedly wife failed to submit the proper papers, immigration officials denied the visa and ordered him to leave the country.He agreed to leave voluntarily, which would have allowed him to re-enter sooner than if deported.This has been in the process with ICE for 10 years?Again, what’s that all about?(Oh, did I repeat myself?)

Sham marriage? Break the law? No problem with these liberals and they did it at the request of the Bush administration!You can be sure the immigration attorneys will be jumping all over this one!This is just another example of the courts overstepping the Constitution and our laws.They all need to be un-benched permanently.See why electing the right leader in this year’s Presidential election is so important!Then again, we have the choice of a Democrat, Socialist and a Communist so who knows what will happen in either case.

Michelle Malkin says “whether Obama or McCain becomes president, I think we can look forward to more of this open-borders activism on the Supreme Court.La Raza, the ACLU, and AILA are high-fiving each other today over the ruling in Dada v. Mukasey (opinion here):”See Michelle’s blog

To see how crazy this whole thing plays out for 10 years and how inept our government bureaucracy and legal systemis, I’ve taken the liberty to post the following case analysis from Dr. Bill Long, a lawyer, and have high-lighted some important text.Read full text at Dr. Bill Long’s website.

Bill Long 11/30/07

Docket No. 06-1181; Oral Argument Jan. 7, 2008*

“…Let’s tell the story behind the case and see what your inclinations are.I think if you listen to the facts–and especially see the chronology, you might be rather astounded at it all.

…Mr. Samson Dada, a Nigerian citizen, who applied for a nonimmigrant visa to the United States in 1998.…. When a foreign national with a nonimmigrant visa arrives at the US border, s/he is granted a period of time in which s/he can remain in the country. So, Mr. Dada arrived in the US on April 4, 1998 and could stay until August 31, 1998. But, as so often is the case, he overstayed.

At first, no one did anything about it. But in 1999 he decided to marry to a US citizen. She applied for an I-130 visa for her spouse, which was a way to get him to stay (more) permanently in the US. Normally it takes about 990 days–almost three years to adjudicate an I-130 visa petition. What? Why? I have no idea, but someone ought to try to figure this one out.

… finally on February 7, 2003, Homeland Security, which didn’t even exist when they applied for an I-130 visa, denied the visa petition and deemed it “abandoned.” Why? Well, they hadn’t furnished all the right documentation to the immigration officials. …

By this time, however, he has been in the country nearly five years after his nonimmigrant visa expired. Fear not. We are just beginning. A year later, on January 4, 2004, Homeland Security decided that Dada ought to be removed….In any case, if he had a removal order, he has some time to maneuver, to appeal, etc. So on March 17, 2004 the wife again decided to file an I-130 visa petition. Why? Well, if it took Homeland Security 3 1/2 years to get to the first one, you might as well try this again.

But the immigration judge (IJ) denied this petition but did allow Dada to request “voluntary departure” in lieu of removal. This is an important point. You can apply for voluntary departure either during or after your removal proceeding. If you are awarded this, the removal proceeding stops (i.e, they won’t come and get you) and you have either up to 120 or 60 days (depending on whether it was during or after the removal proceeding ended) to leave the country. ….

You wonder sometimes if all of this is a joke, but I am a lawyer and lawyers can’t joke. So, let’s continue. After Dada was granted a request for voluntary departure, he decided to appeal his removal to the Board of Immigration Appeals (“BIA”). This stops the clock on departure. So, the BIA got into the act and decided on Nov. 4, 2005 that Samson Dada had to go. The BIA decided that he had exactly 30 days to depart voluntarily. If he didn’t depart in those 30 days, he would be ineligible for status adjustments for 10 years–and face lots of fines and other inconveniences.

Sounds like things are just about over, don’t they? Well, Samson was a strong guy, not only in the Bible but also in this case. On day 28 after this order, he filed a motion with the BIA to “reopen” his case and to “withdraw” his request for voluntary departure. The reason he did the latter was that if he stayed over his 30 day period (i.e., past December 5, 2006), he would lose the benefit of the voluntary departure and tons of bad stuff would happen to him. But by asking the BIA to “reopen” his case, he would have 90 days after the Nov. 4 decision to do so. So, he stayed in the country. On Feb. 8, 2006 the BIA denied his motion to reopen the case. Now he really has to go, right? No, he appealed to the Court of Appeals of the Fifth Circuit, which couldn’t wait to get the case off of its docket, denying him relief in a one-page unpublished decision on Nov. 28, 2006.

All is not lost. So, he appealed to the US Supreme Court on Feb. 26, 2007–the final day he could do so and, guess what, the Supreme Court decided to hear his case. By the time the Court renders a decision, probably in Spring 2008, it will be almost 10 years to the day that Samson Dada was supposed to have left the country. Now can you understand what immigration reform is up against?”

“Should lawful residents of the United States qualify for the same in-state tuition discounts available to illegal aliens? And should states be able to grant illegals preferential treatment over legal residents of this country in violation of federal law? Ten days from now, the Supreme Court will decide whether to hear a case dealing with precisely these issues. That case, Day v. Bond, challenges Kansas’s law providing in-state tuition to illegal aliens while denying it to U.S. citizens living out of state. For 2007-2008, tuition rates at the University of Kansas are $3,195 per semester for state residents and illegal aliens who qualify; U.S. citizens living outside Kansas pay $8,400 per semester – almost three times as much as illegal aliens who pay the discounted in-state rate,” the Washington Times reports. see full story

EDITORS NOTE: If the Kansas law is ruled in violation of the federal law, similar laws in Nebraska and eight other states will be affected, also.

The judge said, “it was a cowardly act — and a small child paid the price for it.”Changkouth Kor, a Sudanese immigrant was sentenced to 20 years in prison, the maximum for the Christmas Eve manslaughter conviction in the death of his 4 year-old son.

The Nebraska Observer would like to know if this immigrant was legal or illegal.If he was legal, did he contract HIV prior to being diagnosed?If so, why are people with HIV being routinely admitted into the United States?It is our understanding that, some Sudanese routinely filter through the Douglas County court system for “wife beating” and “drugs”.

In the two years he has been in the United States, he has had two DUI convictions so who watches over that?Why doesn’t the World-Herald delve into the “real story” behind the Sudanese?What church sponsored them, if any?Why aren’t they coached in our customs?

Oh..yes..by the way, if you haven’t noticed, most Sudanese man are tall and thin!World-Herald story